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Qing Dynasty Direct Appeal System Research

Posted on:2011-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z N PengFull Text:PDF
GTID:2206360302992277Subject:Legal history
Abstract/Summary:PDF Full Text Request
Zhisu was a special appeal system regulated by law in ancient China. It means that for people who had serious cases and could not take legal actions, appeal could be brought to the supreme ruler beyond the range of jurisdiction of the proceedings and litigation restrictions. In ancient China Zhisu is an important system which discover and correct injustices, and its history can be traced back to the XiZhou Dynasty. Qing Dynasty inherited the previous regulations. Zhisu was most detailed and complete in Qing Dynasty.As a special appeal process, the law has a very strict restrictions on the methods, complainant, accepting system of Zhisu. Many cases revealed to us the operation of Zhisu. Judicial practice is more complicated than the law regulation, but also provides a wealth of information, so that we can have a better understanding of Zhisu in Qing dynasty. Zhisu is representative of the rule of man, people hope that upright officials and enlightened monarch can solve their problems. Confucianism has a deep influence in ancient China. "no defendant" has been pursued by the ruling class as a ideal society. Zhisu usually regarded as a dangerous road. However, there is a peculiar cultural paradox formed in the mid-Qing Dynasty, that is lawsuit-weariness and litigiosity.Zhisu reflects the traditional Chinese legal culture's reliance on the real, the pursuit of substantive justice. The biggest function of Zhisu is correct errors in sentences and redress grievances. Zhisu is also an important system that provide infomations and superve officials.Zhisu had inevitable historical limitations undere the traditional society. but it still has its influence on contemporary society, we might learn from the lessons of history.
Keywords/Search Tags:Zhisu, Capital appeal, Litigation in the Qing Dynasty, The culture of litigation
PDF Full Text Request
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